In the Matter of the Tenure Hearing of Maria Granata Davis, School District of the Township of Neptune, Monmouth County, 12/12/22, (#331-22)

Agency Dkt. No. 223-8/22
New Jersey Commissioner of Education
Final Decision
In the Matter of the Tenure Hearing of
Maria Granata Davis, School District of the
Township of Neptune, Monmouth County.
For the Petitioner, Mark A. Tabakin, Esq.
For the Respondent, Maria Granata Davis
This matter was opened before the Commissioner of Education on August 31, 2022,
through tenure charges of incapacity and other just cause certified by Tami Crader, Superintendent of
the Neptune Township School District (“District”), together with supporting evidence against
respondent, Maria Granata Davis, a tenured teacher in the District’s employ.
On August 31, 2022, the Commissioner directed the respondent to file an answer to the
charges. This communication provided notice to respondent that, pursuant to N.J.A.C. 6A:3-5.3 and
6A:3-5.4, an individual against whom tenure charges are certified “shall have 15 days from the day such
charges are filed with the Commissioner to file a written response to the charges with the
Commissioner,” and that failure to answer within the prescribed period would – absent granting of an
extension for good cause shown – result in the charges being deemed admitted. On October 5, 2022
the Commissioner again directed the respondent to file an answer to the charges.
In a correspondence dated October 20, 2022, the respondent provided a justification of
her actions upon which the District’s tenure charge allegations were based. By correspondence dated
October 21, 2022, the Commissioner explained to respondent that if she would like to dispute the
tenure charges filed in this matter, the case would be referred to an Arbitrator to hear and decide this
matter pursuant to N.J.S.A. 18A:6-16. Further, the Commissioner sought confirmation from the
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respondent that she would like to proceed with the assignment of the case to an Arbitrator. The
respondent did not respond to the October 21, 2022 correspondence. By correspondence dated
October 31, 2022, the Commissioner informed the respondent that a response to the October 21, 2022
correspondence had not been received, and that if no response was received by November 10, 2022,
pursuant to N.J.A.C. 6A:3-5.3(c), the charges filed against her would be deemed admitted and the
matter decided on a summary basis. The respondent did not respond to the October 31, 2022
correspondence.
The certified tenure charges and statement of supporting evidence filed by the District
in this matter indicate that the respondent was employed by the District as a tenured teacher. The
respondent was granted medical leave until March 31, 2022 and was expected to return to work on
April 1, 2022. Since April 1, 2022, the respondent has failed to report to work and has been absent
without leave.
Deeming the allegations to be admitted and noting that the respondent has failed to
return to work since April 1, 2022, the Commissioner finds that the District’s charge of incapacity has
been proven and warrants the respondent’s dismissal. Accordingly, summary decision is hereby granted
to the District, and the respondent is dismissed from her tenured position with the Neptune Township
School District.
IT IS SO ORDERED.1
ACTING COMMISSIONER OF EDUCATION
Date of Decision:
Date of Mailing:
1 This decision may be appealed to the Appellate Division of the Superior Court pursuant to N.J.S.A. 18A:6-9.1.
Under N.J.Ct.R. 2:4-1(b), a notice of appeal must be filed with the Appellate Division within 45 days from the date
of mailing of this decision.
December 12, 2022
December 14, 2022